1. Introduction

The dimsum service is provided by SMG Entertainment Sdn Bhd (“SMG Entertainment”) to ( a “Subscriber” or “You” or “you” or “Your” or “your”) in consideration of payment of subscription fees for video content including but not limited to movies, TV shows, news and professionally produced content delivered or streamed over the Internet (“dimsum Services”). SMG Entertainment may include recommendations, reviews and/or any other information related to the video contents under the dimsum Services. You shall use smartphones, internet-connected TVs, computers and/or any other internet enabled devices to receive the dimsum Services (“dimsum Ready Devices”). These Terms of Use shall govern the use of dimsum Services and the same shall also regulate all features and functionalities, website, and user interfaces, as well as all content and software associated with dimsum Services.

2. Subscription

You may sign up for one (1) month’s basic free trial subscription, details as set out in Section (3) below (“Trial Package”). Upon expiration of the Trial Package, your subscription will be automatically converted into a subscription package (“Paid dimsum Package”) unless otherwise cancelled by you prior to the end of the Basic Trial Package. You may subscribe for a period of one (1), six (6) or twelve (12) months from the date of activation of the Paid dimsum Package. You authorize us to charge your next membership fee to your Payment Method (see “Cancellation” below). To use the dimsum Services, you should chose an available Payment Method (as hereinafter defined) during registration. For specific details regarding the dimsum Services, please visit SMG Entertainment’s website (www.dimsum.my) (“Website”) or (“Mobile App”) and click on “My Account” in the Menu at the top left of the Website or Mobile App under your individual profile name.

3. Trial Package

Under the Trial Package, you may have access to a limited selection of video content. If you have subscribed to the Trial Package via special campaigns or collaborations, you may also be entitled to limited free access to other video content by using promotional codes from special campaigns or collaborations (“Marketing Campaigns”). In such case, the terms and conditions of the Marketing Campaigns shall be read together with these Terms of Use and in the event of any conflict, the terms and conditions contained herein shall prevail. You will not receive notice from SMG Entertainment notifying that your Paid dimsum Package has begun and you are therefore encouraged to monitor the validity of your subscription from the Website or Mobile App by clicking on the “My Account” page.

4. Billing Cycle

The subscription fees for the dimsum Services (“Subscription Fees”) will be billed on a monthly basis, according to the selected Payment Method (as hereinafter defined) corresponding to the date of activation of the Paid dimsum Package. Kindly visit the Website or Mobile App and click on the “Billing Details” link on the “My Account” page to see the next payment due date.

5. Payment Method

Subscription Fees, must be paid in full in advance. You may pay the Subscription Fees by credit card or direct debit or online banking during your registration. You may change the Payment Method through the Website or Mobile App by clicking on the “My Account” link.

6. Applicable Tax and Tax Invoice

In addition to the Subscription Fees, you shall be subject to any applicable government taxes and/or levies as may be imposed by the relevant government. SMG Entertainment will make available to you a valid tax invoice in respect of the amounts payable but you will be responsible for prompt payment even if you do not receive the tax invoice. For the avoidance of doubt, nothing herein shall preclude SMG Entertainment from correcting at any time any error or discrepancy in the amounts stated in the tax invoice.

7. Suspension

SMG Entertainment may suspend you access to dimsum Services in the event there is a Subscription Fee which remains due and outstanding and you shall continue to remain liable for the payment of the Subscription Fee during the suspension period. For some payment methods, you may be required, and thereby be responsible for payment of additional transaction fees, processing fees, applicable government taxes and/or levies which may be imposed by the financier/bank. Check with the financier/bank for further details prior to selecting your payment method.

8. Cancellation

You may cancel the dimsum Services at any time by providing not less than 3 days advance written notice, and you will remain liable to pay the full Subscription Fee until the end of your billing period. To cancel, go to the “My Account” page and follow the instructions for cancellation and the account for dimsum Services will be automatically deactivated at the end of your billing period. Please click “Billing details” on the “My Account” page for the exact date of deactivation.

9. Refunds

Unless stated otherwise, payments are not refundable for any reason, including partially used periods.

10. Changes to the dimsum Services and Subscription Fees:

SMG Entertainment reserves the absolute discretion to change the dimsum Services and structure of the Subscription Fees at any time by giving you 3 days advance notice. Your continued use of the dimsum Services will constitute acceptance of the changes made. If you are not agreeable to any of these General Terms & Conditions or any amendments thereof, you may cancel the dimsum Services in accordance with the aforesaid cancellation provisions.

11. dimsum Services

dimsum Services may include PG 18+ video contents. You must be 21 years of age and above to subscribe to dimsum Services. Those below age of 21 may only use the dimsum Services under the supervision of an adult. dimsum Services and all video content available therein are for your personal and non-commercial use only. Subject to the payment of the Subscription Fee, SMG Entertainment grants you, a non-exclusive and non-transferable license to access the dimsum Services. Except for the foregoing limited license, no right, title or interest is transferred to you. You hereby agree not to use the dimsum Services and the video contents for public performances. The dimsum Services are made available through the dimsum Ready Devices within Malaysia only. The video content within the dimsum Services will vary from time to time and the number of dimsum Ready Devices on which you may simultaneously stream may depend on the dimsum Package signed up for. Please refer to “My Account” page in the Website or Mobile App for more information. SMG Entertainment will continually update the dimsum Services, including the content library. In addition, SMG Entertainment will continually test various aspects of dimsum Services, including the Website, Mobile App, user interfaces, promotional features and availability of content. You may opt-out of these tests by visiting the “My Account” page and changing the “Test participation” settings. You hereby agree to use the dimsum Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the dimsum Services and video content therein. You shall not distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through the dimsum Services. You hereby agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the dimsum Services; use any robot, spider, scraper or other automated means to access the dimsum Services; decompile, reverse engineer or disassemble any software or other products or processes accessible through the dimsum Services; insert any code or product or manipulate the content of the dimsum Services in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the dimsum Services, including any software viruses or any other computer code, files or programs. SMG Entertainment shall be entitled at its sole discretion to terminate or restrict your usage of the dimsum Services if you violate any of these Terms of Use or you engage in illegal or fraudulent use of the dimsum Services. The quality of the display of the video contents may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as location, bandwidth available through and/or speed of the Internet connection. The minimum connection speed for SD quality is 0.5 Mbps; however, SMG Entertainment recommends a faster connection for improved video quality. HD and Ultra HD availability is subject to the Internet connection and device capabilities. Default playback settings on cellular networks exclude HD and Ultra HD content. A download speed of at least 0.5 Mbps per stream is recommended to receive HD content, which is defined as 720p or better. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. The time it takes to begin watching any content will vary based on a number of factors, including the location, available bandwidth at the time, the video content which you have selected and the configuration of the dimsum Ready Device. dimsum streaming software is developed by, or for, SMG Entertainment and is designed to enable streaming of content from SMG Entertainment through dimsum Ready Devices. This software may vary by device and medium, and functionalities may also differ between devices. You acknowledge that the use of the dimsum Services may require third party software that is subject to third party licenses. You agree to automatically receive updated versions of the dimsum streaming software and related third-party software. If your dimsum Ready Device is sold, lost or stolen, please deactivate the dimsum Ready Device from the Website or Mobile App. If you fail to log out or deactivate the sold, lost or stolen dimsum Ready Device, unauthorized users may access the dimsum Services through your ’s account and may be able to access some of your account information stored therein. To deactivate a device, follow the instructions on the “My Account” page in the Website or Mobile App.

12. Passwords & Account Access

A Subscriber who subscribed to the dimsum Services will be given an account and the Subscriber whose Payment Method is charged (“Registered dimsum Account”) will have access and control over the Registered dimsum Account. To maintain control over the Registered dimsum Account and to prevent anyone from accessing the same (which would include information on viewing history for the Registered dimsum Account), you must not reveal your password nor your Payment Method details to anyone. You are responsible for updating and maintaining the accuracy of the information you provided to SMG Entertainment relating to your Registered dimsum Account. You should be mindful of any communication requesting credit card or other account information. You hereby acknowledge that providing information in response to these types of communications can result in identity theft. You are advised to access your sensitive account information by going directly to the Website or Mobile App and not through a hyperlink in an email or any other electronic communication. SMG Entertainment shall be entitled to terminate or suspend any Registered dimsum Account in order to protect you or other Subscribers or SMG Entertainment or SMG Entertainment’s affiliates from identity theft or other fraudulent activity.

13. Electronic Communications

SMG Entertainment will send information relating to Registered dimsum Account (e.g. payment authorizations, tax invoices, changes in password or Payment Method, confirmation messages, notices) via email to the email address that you have provided during registration.

14. Changes to Terms of Use and Assignment

SMG Entertainment may, from time to time, change these Terms of Use. You are encouraged to visit the Website or Mobile App on a regular basis to view any amendments to these Terms of Use. You do not have the right to assign or transfer any part of your rights or obligations under the dimsum Services to any other party without the prior written consent of SMG Entertainment. SMG Entertainment may assign or transfer the whole or part of the dimsum Services including the associated rights and obligations at any time without your consent.

15. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Malaysia.

16. Third-Party Applications

You may encounter third party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Applications”) that interact with the dimsum Services and software. Your use of these Applications may be subject to third party terms of use or license terms.

17. Unsolicited Materials

SMG Entertainment does not accept or review unsolicited material of any kind, including, but not limited to, any ideas, concepts, pitches, suggestions, stories, scripts, treatments, formats, artwork, photographs, drawings, videos, reels, audiovisual works, musical compositions (including lyrics), sound recordings, program formats, characters and/or other similar works (collectively, “Unsolicited Material”). Any Unsolicited Material sent to SMG Entertainment and/or dimsum Services will be deleted or destroyed. Therefore, any similarity between any Unsolicited Material and any element in any content or creative work available in or related to the dimsum Services would be purely coincidental.

18. Survival

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

19. Warranties and Limitations on Liability

The dimsum Services are provided “as is” and without warranty. In particular, the dimsum Services may not be uninterrupted or error-free. You hereby waive all special and consequential damages against SMG Entertainment and/or its affiliates, and any direct damages claimable by you shall not exceed one month’s Subscription Fee.

20. Customer Support

To find more information about dimsum Services and features or if you need assistance with your Registered dimsum Account, please visit the dimsum FAQ in the Website or Mobile App.